SECTIONS 35011-35019 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 35011-35019

35011. A person shall not engage in any of the following businesses
unless he has obtained a license from the director for each separate
milk products plant or place of business:
(a) Dealing in, receiving, manufacturing, freezing, or processing
milk, or any product of milk.
(b) Manufacturing, freezing, or processing imitation ice cream or
imitation ice milk.

35012. An application for a milk products plant license shall be
made on a form which is prescribed by the director. It shall state
all of the following:
(a) The name and address of the applicant.
(b) The address of the milk products plant.
(c) Such other information as to the nature of the applicant's
business as the director may require.

35013. Each application shall be accompanied by a fee in an amount
which is established for the particular license by Section 35221.

35014. Upon receipt of an application for a milk products plant
license, the director shall investigate the equipment and the
sanitary condition of the milk products plant for which the
application for a license has been made.

35015. If the condition of the milk products plant is found to be
satisfactory, a milk products plant license shall be issued by the
director to the applicant.

35016. (a) Except as provided in subdivision (b), any hotel,
restaurant, boardinghouse, hospital, or other concern or agency that
manufactures a product of milk for the use of any patron, guest,
patient, or employee shall obtain a milk products plant license.
(b) (1) Any hotel, restaurant, or boardinghouse that manufactures
hard frozen or semifrozen dairy products for the use of any patron,
guest, or employee shall obtain a limited manufacturing permit from
the secretary.
(2) The permit may be issued only after the secretary determines
that the facility is suitable for manufacturing those products.
(3) A permit issued pursuant to this subdivision may be renewed
annually, if the facility is found by the secretary, based on an
onsite evaluation, to be in compliance with the conditions specified
in paragraph (3) of subdivision (c).
(c) A hotel, restaurant, or boardinghouse issued a limited
manufacturing permit pursuant to this section shall meet all of the
following standards:
(1) The hard frozen and semifrozen dairy products manufactured
shall be sold only to purchasers for consumption. No hard frozen or
semifrozen product manufactured pursuant to the limited manufacturing
permit shall be sold for resale.
(2) The hard frozen and semifrozen dairy products shall be
manufactured using prepasteurized dairy ingredients.
(3) Adequate facilities, consistent with recognized good
manufacturing practices for the manufacture of hard frozen and
semifrozen dairy products, as determined by the secretary, shall be
provided as a condition of the limited manufacturing permit. The
facilities shall include, but not be limited to, adequate utensil and
container washing, sterilization and storage, and sufficient
sanitary work areas, including handwashing facilities, dedicated to
the manufacture of hard frozen and semifrozen dairy products.
Sanitation guidelines consistent with good manufacturing and handling
practices for retail food establishments manufacturing hard frozen
and semifrozen dairy products in conformance with Part 110
(commencing with Section 110.3) of Title 21 of the Code of Federal
Regulations shall be utilized by the secretary as a condition for
issuance and renewal of the limited manufacturing permit.
(4) The hotel, restaurant, or boardinghouse shall not manufacture
more than 2,500 gallons of hard frozen or semifrozen dairy products
during any year.
(5) The secretary, by agreement with any approved milk inspection
service, may authorize the service to inspect and enforce the
requirements of this code applicable to the facility covered by this
section. Any agreement shall provide that the approved inspection
service shall collect the applicable fees for those establishments as
provided in Sections 35221 and 38933. The fees so collected shall be
retained by the approved inspection service to cover its cost of
inspection and enforcement, but 15 percent of the fees collected
shall be remitted by the approved inspection service to the secretary
to cover the cost of administration.

35017. This article does not apply to any of the following:
(a) Any private home that is manufacturing for its own use.
(b) Any retailer that is dealing in finished products which are
received from a distributor or producer in final form.
(c) Any producer that is selling milk and cream exclusively at
wholesale for manufacturing, freezing, or processing milk and milk
products.
(d) Any producer whose business consists exclusively of producing
and distributing raw market milk produced by such producer.

35018. Every milk products plant license expires at the end of each
calendar year, but shall remain in force during the month of January
of the next succeeding year or such part of the month as may be
necessary for the renewal of such license by the director.

35019. Any license may be renewed each successive year, if the
plant for which a previous license was issued and the business of
such plant has been conducted in accordance with the requirements of
this division during the year next preceeding that for which the
renewal is requested. The correct amount of the fee for the renewal
of the license shall be forwarded with the application for renewal.